Joint Circular No. 03/2016/TTLT-BTP-BNG-BCA-BLDTBXH guiding the monitoring of the development situation of Vietnamese children adopted abroad and protecting children when necessary.

JOINT CIRCULAR

Guidelines on monitoring the development of Vietnamese children given for adoption abroad

and protecting children when necessaryPursuant to the Law on Adoption dated June 17, 2010;

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CPursuant to Decree No. 19/2011/NĐ-CP dated March 21, 2011 of the Government detailing certain provisions of the Law on Adoption;

Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Decree No. The Ministers of Justice, Foreign Affairs, Public Security, and Labour, Invalids and Social Affairs issue this Joint Circular of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

guiding the monitoring of the development of Vietnamese children given for adoption abroad and protecting children when necessary. This Joint Circular guides the monitoring of the development of Vietnamese children given for adoption abroad and protecting children when necessary; it specifies the responsibilities of relevant organizations and authorities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Labour, Invalids and Social Affairs, Provincial Department of Justice, Public Security, and Labour, Invalids and Social Affairs, and Vietnamese representative offices abroad.

Article 2. Applicability

These joint circulars apply to:

2. Vietnamese children given for adoption abroad, adoptive parents, birth parents, and guardians of Vietnamese children given for adoption abroad, institutions where the children resided before being adopted abroad, and foreign adoption organizations permitted to operate in Vietnam.

3. Other related agencies and organizations.

1. Maintain confidentiality of personal information of children.

Article 3. Principles

2. In the best interests of the child.

3. Comply with Vietnamese law, the law of the country where the child resides, and international treaties to which both Vietnam and the country where the child resides are parties.

MONITORING THE DEVELOPMENT OF VIETNAMESE CHILDREN GIVEN FOR ADOPTION ABROAD

Chapter II

Article 4. Reporting on the Development of Children

1. Adoptive parents shall report on the development of their adopted children to the Ministry of Justice and Vietnamese representative offices abroad in accordance with the Law on Adoption. Such reporting may be conducted via postal mail, fax, or scanned and sent via email.

The report shall be made using Form TP/CN-2014/CNNNg.07 issued together with Circular No. 24/2014/TT-BTP dated December 29, 2014 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice regarding the issuance and guidance on recording, storing, and using adoption forms.

2. Adoptive parents may directly or through the support of foreign adoption organizations report on the development of children in accordance with Clause 1 of this Article.

3. In cases requiring urgent information about the specific development of children given for foreign adoption, foreign adoption organizations shall provide such information upon request from the Ministry of Justice.

Article 5. Urging the Reporting on the Development of Children

Based on the Decision allowing children to be adopted abroad and the Handover Record, if it is found that adoptive parents have not reported on the development of children as required periodically, the Ministry of Justice shall urge foreign adoption organizations or the central authority on international adoption in the receiving country to urge adoptive parents to report on the development of children.

Article 5. Urging the reporting of children's development status

Based on the Decision on international adoption for children and the Transfer Record of Adopted Children, if the adoptive parents fail to report the child's development status periodically, the Ministry of Justice shall request foreign adoption organizations or the central authority on intercountry adoption of the receiving country to urge the adoptive parents to report the child's development status.

Article 6. Collection and storage of reports on the development situation of children

1. The Ministry of Justice shall collect, monitor, compile, and store reports to serve the work of monitoring the development situation of children.

2. Vietnamese representative offices abroad shall store reports on the development situation of children for the protection of children when necessary.

Article 7. Preparation of reports evaluating the development situation of children given up for international adoption

1. Annually, based on information about the development situation of children provided by adoptive parents and the consolidated report on the development situation of children submitted by foreign adoption organizations, the Ministry of Justice shall prepare a report evaluating the development situation of children given up for international adoption, to be sent to the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, the Department of Justice, and the Department of Labor, Invalids and Social Affairs where the decision was made to allow the child to be internationally adopted.

2. The contents of the report include the number of children given up for international adoption in the year, their health status, physical condition, mental state, integration with adoptive parents, family, and community, and recommendations for measures to strengthen the monitoring of the development situation of Vietnamese children given up for international adoption.

Article 8. Provision of information on the development situation of children

1. Based on the content of the report evaluating the development situation of children given up for international adoption sent by the Ministry of Justice according to Clause 1 of Article 7 of this Joint Circular, the Department of Justice and the Department of Labor, Invalids and Social Affairs where the decision was made to allow the child to be internationally adopted shall provide information on the health status, physical condition, mental state, and integration of the child upon request from birth parents, guardians, and care facilities where the child resided before being allowed to be internationally adopted.

2. The provision and use of provided information must comply with the principles stipulated in Clause 1 and Clause 2 of Article 3 of this Joint Circular.

Article 9. Support for adoptees to understand their origins

1. Adoptive parents and adoptees who wish to understand information about their origin may directly visit the Ministry of Justice or send a request through postal mail, fax, or email to the Ministry of Justice, or through foreign adoption organizations, or the central agency for international adoption in the country where the adoptee resides.

2. In cases where there is sufficient information about the origin of the adoptee, the Ministry of Justice will provide the requested information within 15 days.

3. In cases requiring additional information, the Ministry of Justice will request the Department of Justice where the decision on international adoption was made to verify and supplement the information within 15 days. After receiving the verification results from the Department of Justice within 15 days, the Ministry of Justice will provide the requested information.

Chapter III

PROTECTION OF VIETNAMESE CHILDREN GIVEN UP FOR INTERNATIONAL ADOPTION IN FOREIGN COUNTRIES WHEN NECESSARY

FOREIGN COUNTRY IN NECESSARY CASES

Article 10. Notification of Decision to Allow Vietnamese Children to Be Internationally Adopted

Upon receipt of the Decision allowing Vietnamese children to be internationally adopted, the Ministry of Justice shall send a fax or scanned copy of the Decision via email to Vietnamese representative offices abroad for monitoring and implementing protective measures for children when necessary, and notify the Ministry of Foreign Affairs for coordination.

Article 11. Cases requiring protection for children

Vietnamese children who are adopted abroad shall be protected in cases where they are subjected to harm, abuse, neglect, exploitation, overwork, and other acts that violate their rights.

Article 12. Receiving and verifying information on children in need of protection

1. The Ministry of Justice and Vietnamese representative offices abroad shall be responsible for receiving information and reports, and informing each other about Vietnamese children adopted abroad who require protection, as stipulated in Article 11 of this Joint Circular when necessary.

2. Upon receipt of such information and reports, the Ministry of Justice shall contact the central authority for international adoption in the receiving country, while Vietnamese representative offices abroad shall contact the competent authorities in the host country to request authentic information regarding the specific situation of the children.

3. In special cases, the Ministry of Justice and the competent authorities shall verify on-site the information and reports concerning Vietnamese children adopted abroad who require protection.

Article 13. Implementing protective measures for children in necessary cases

1. After receiving notification from the Ministry of Justice or upon obtaining verified information about children in need of protection, Vietnamese representative offices abroad shall take measures to communicate, meet, inquire, and request the competent authorities in the host country to implement necessary measures to protect the rights and interests of the children in accordance with Vietnamese law, the law of the receiving country, and international treaties to which both Vietnam and the receiving country are parties. Vietnamese representative offices abroad shall promptly inform the Ministry of Justice of the situation.

2. Based on the information obtained under Clause 1 of this Article, the Ministry of Justice shall coordinate with the central authority for international adoption in the receiving country to take appropriate measures, including arranging alternative care for the children, in compliance with Vietnamese law, the law of the receiving country, and international treaties to which both Vietnam and the receiving country are parties.

Article 14. Resolving cases where children adopted abroad must return to Vietnam

1. When all forms of alternative care for children in the receiving country fail to ensure their rights and interests, returning the children to Vietnam as the last resort to guarantee their best interests, the Ministry of Justice shall consult and agree with the central authority for international adoption in the receiving country on the matter of returning the children to Vietnam.

2. When implementing the measure of returning children to Vietnam as provided in Clause 1 of this Article, the Ministry of Justice shall cooperate with the central authority for international adoption in the receiving country to resolve legal issues ensuring the legitimate rights and interests of the children in accordance with Vietnamese law, the law of the receiving country, and international treaties to which both Vietnam and the receiving country are parties.

3. The Ministry of Public Security shall provide all necessary conditions for children adopted abroad who must return to Vietnam to register their permanent residence in accordance with the law.

4. The Ministry of Labor, Invalids, and Social Affairs shall direct provincial labor, invalids, and social affairs departments to reaccept the children and create conditions for Vietnamese children adopted abroad who must return to Vietnam to access child protection and care services.

Article 15. Receiving back and arranging for the care and upbringing of children who have been adopted abroad and returned to Vietnam

The Department of Labor, Invalids, and Social Affairs where the child resided before being granted adoption abroad shall receive back and arrange for the care and upbringing of the child at local childcare facilities.

Chapter IV

IMPLEMENTATION

Article 16. Responsibilities of the Ministry of Justice

1. Direct the Child Adoption Agency to implement the task of monitoring and inspecting the development situation of children who have been adopted abroad and perform the tasks of the Ministry of Justice as prescribed in this Joint Circular.

2. Annually lead the summary and evaluation of the work of monitoring the development situation of children who have been adopted abroad and protecting children when necessary in order to propose measures to strengthen this work.

3. Coordinate with the Ministry of Foreign Affairs in cases where it is necessary to protect children as stipulated in Article 11 of this Joint Circular.

4. Coordinate with the Ministry of Public Security in assisting with the registration of permanent residence for children adopted abroad who must return to Vietnam as prescribed in Clause 3, Article 14 of this Joint Circular.

5. Coordinate with the Ministry of Labor, Invalids, and Social Affairs in implementing the tasks prescribed in Clause 4, Article 14 of this Joint Circular.

6. Direct the Provincial Departments of Justice to carry out the assigned tasks in this Joint Circular.

7. Require foreign adoption organizations to fulfill the tasks assigned in this Joint Circular.

Article 17. Responsibilities of the Ministry of Foreign Affairs

1. Coordinate with the Ministry of Justice and direct Vietnamese representative offices abroad to implement necessary measures to protect children who have been adopted abroad.

2. Coordinate with the Ministry of Justice in performing the tasks prescribed in Clause 2, Article 16 of this Joint Circular to propose measures to strengthen the protection of Vietnamese children adopted abroad.

Article 18. Responsibilities of the Ministry of Public Security

1. Direct the functional units under its jurisdiction at central and local levels to implement according to the provisions of the law within the scope of functions, tasks, and responsibilities of the police department regarding children who have been adopted abroad and must return to Vietnam and protecting children when necessary.

2. Perform the tasks prescribed in Clause 3, Article 14 of this Joint Circular.

3. Coordinate with relevant ministries and sectors to implement the tasks prescribed in this Joint Circular concerning matters within the functions, tasks, and authorities of the police department.

Article 19. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Coordinate with the Ministry of Justice to implement the tasks prescribed in this Joint Circular.

2. Direct the Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities to organize the reception and arrangement of care and upbringing for Vietnamese children who have been adopted abroad and must return to Vietnam as prescribed in Article 15 of this Joint Circular.

Article 20. Responsibilities of the Department of Justice

1. Organize verification of information about the origin of adopted children as prescribed in Clause 3, Article 9 of this Joint Circular.

2. Coordinate with the Department of Labor, Invalids, and Social Affairs to arrange for the reception and care and upbringing of children who have been adopted abroad and must return to Vietnam as prescribed in Article 15 of this Joint Circular.

Article 21. Responsibilities of Vietnamese Representative Offices Abroad

1. Carry out the tasks specified in this Joint Circular.

2. Timely reflect information and report on cases where children need protection and proactively implement necessary protective measures.

Article 22. Effectiveness

1. This Joint Circular takes effect from April 6, 2016.

2. During implementation, if there are difficulties or obstacles, competent authorities, organizations, and individuals shall report to the Ministry of Justice for coordination with the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Labor, Invalids and Social Affairs to consider and resolve them./.